1, criminal case filing process:
(1) The people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case;
(2) The public security organ, the people's procuratorate or the court shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling.
2, criminal trial time:
(1) The court granted the applications of the parties and the defenders and announced the postponement of the trial. The postponement of the trial shall not exceed one month, and the postponement of the trial shall not be included in the trial limit;
(2) If the people's court holds a court session to hear a case of public prosecution of second instance according to law, and the people's procuratorate consults the case file for more than seven days, the time limit for hearing a case of second instance shall not be counted;
(3) If the incidental civil action is decided separately, the trial period shall be implemented in accordance with the relevant laws and regulations.
The process of criminal trial:
1, investigation and filing: the investigation organ accepts the report of the informant or the complainant, or the investigation organ finds the criminal clue by itself and files a case for investigation; Transfer for review and prosecution: after the investigation is completed, the investigation organ considers that the criminal suspect is suspected of committing a crime and files a public prosecution with the people's procuratorate, and submits the prosecution opinions with the evidence of the whole case;
2. Initiating public prosecution: After examining the cases transferred by the investigation organs, the procuratorial organs initiate public prosecution in the people's courts for cases with sufficient evidence. Cases with insufficient evidence shall be returned for supplementary investigation;
3. Trial: the people's court accepts the case prosecuted by the procuratorate, organizes the prosecution and the defense to cross-examine and debate the evidence, listens to the defendant's statement, and makes a guilty or innocent judgment based on the evidence of the whole case;
4. Execution: A guilty criminal judgment shall be handed over to the executing organ for execution after the judgment takes effect. Enforcement agencies include prisons, detention centers, community and judicial offices.
To sum up, the law has the significance of order, justice, efficiency and interests, but it symbolizes the significance of protection and hope for ordinary people. The law still defends people's legitimate rights and interests with its unique significance and majesty. Law is the last line of defense to safeguard the legitimate rights and interests of citizens, guarding people's hopes, maintaining the normal order of the whole society and providing a strong institutional guarantee for people to live and work in peace and contentment.
Legal basis:
Article 208 of the Criminal Procedure Law of People's Republic of China (PRC)
When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.